Utah Code
Utah Code § 75-2-502 (2026)
Execution -- Witnessed wills -- Holographic wills
✓ current as of May 2026
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Except as provided in Subsection (2) and in Sections 75-2-503, 75-2-506, and 75-2-513, a will shall be:
in writing;
signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and
signed by at least two individuals, each of whom signed within a reasonable time after he witnessed either the signing of the will as described in Subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will.
A will that does not comply with Subsection (1) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
Intent that the document constitutes the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1987–2024 · leading case: Taylor v. Est. of Taylor, 770 P.2d 163 (Utah Ct. App. 1989).
Taylor v. Est. of Taylor, 770 P.2d 163 (Utah Ct. App. 1989). “First, Wendell claims the court erred in ruling that the June 30 document forgiving the debt owed to Grant is invalid under Utah Code Ann. § 75-2-502 (1978), which requires that a legally enforceable will be signed by two witnesses “in the testator’s presence.”
In the Matter of the Est. of Juanita Valcarce (Valcarce v. Valcarce), 2013 UT App 95 (Utah Ct. App. 2013). “" See Utah Code Ann. § 75-2-502 (1) (LexisNexis Supp.”
Matter of Est. of Beesley, 883 P.2d 1343 (Utah 1994). “See Utah Code Ann. § 75-2-502 . [9] Section 75-2-204, however, does not incorporate the formality requirements for wills.”
Est. of Erickson v. Misaka, 766 P.2d 1085 (Utah Ct. App. 1988). “This goal is achieved, in part, by keeping the formalities for a written and attested will to a minimum, see section 75-2-502, and by authorizing holographic wills written and signed by the testator: A will which does not comply with section 75-2-502 [requiring, among other…”
Matter of Est. of Erickson, 806 P.2d 1186 (Utah 1991). “It states in part, “A will which does not comply with section 75-2-502 [dealing with formal wills] is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.”
In Re the Est. of Kleinman, 970 P.2d 1286 (Utah 1998). “) Section 75-2-503, which governs holographic wills, provides: A will which does not comply with Section 75-2-502 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.”
Beesley v. Harris, 883 P.2d 1343 (Utah 1994). “See Utah Code Ann. § 75-2-502 . 9 Section 75-2-204, however, does not incorporate the formality requirements for wills.”
Matter of Est. of Fitzgerald, 738 P.2d 236 (Utah Ct. App. 1987). “Section 75-2-503 of the Utah Uniform Probate Code states: A will which does not comply with section 75-2-502 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.”
In re Est. of Wright, 2024 UT App 146 (Utah Ct. App. 2024). “” Utah Code § 75-2-502(1)(a). ¶39 Here, Shayesteh produced “no evidence to contradict the fact that [the Trust] owns the [House]” as established by the quitclaim deed, which Anderson introduced into evidence at trial.”
Anderson v. Shayesteh, 2024 UT App 146 (Utah Ct. App. 2024). “” Utah Code § 75-2-502(1)(a). ¶39 Here, Shayesteh produced “no evidence to contradict the fact that [the Trust] owns the [House]” as established by the quitclaim deed, which Anderson introduced into evidence at trial.”
Matter of Est. of Custick, 842 P.2d 934 (Utah Ct. App. 1992). “2 ANALYSIS According to Utah law, “[a] will which does not comply with section 75-2-502 [outlining the requirements of a formal will] is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.”
— Utah Code § 75-2-502(1) — 1 case
In the Matter of the Est. of Juanita Valcarce (Valcarce v. Valcarce), 2013 UT App 95 (Utah Ct. App. 2013). “" See Utah Code Ann. § 75-2-502 (1) (LexisNexis Supp.”
— Utah Code § 75-2-502(1)(a) — 2 cases
In re Est. of Wright, 2024 UT App 146 (Utah Ct. App. 2024). “” Utah Code § 75-2-502(1)(a). ¶39 Here, Shayesteh produced “no evidence to contradict the fact that [the Trust] owns the [House]” as established by the quitclaim deed, which Anderson introduced into evidence at trial.”
Anderson v. Shayesteh, 2024 UT App 146 (Utah Ct. App. 2024). “” Utah Code § 75-2-502(1)(a). ¶39 Here, Shayesteh produced “no evidence to contradict the fact that [the Trust] owns the [House]” as established by the quitclaim deed, which Anderson introduced into evidence at trial.”
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